Sections 36 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Part VII deals with a practical problem: what if the person whose presence or evidence is needed for registration does not come, or cannot come? Sections 36 and 37 let the officer have a summons issued and served. Section 38 exempts certain persons from appearing and sends the officer to them. Section 39 brings in the civil law on summonses and commissions. This article reads these as per the text of the Act consulted. If someone you need for a registration is unwilling or unable to attend, a legal consultation can help you choose the right route.
If a person presenting a document, or claiming under it, wants the appearance of someone whose presence or testimony is necessary, the registering officer may in his discretion call upon the officer or Court named by the State Government to issue a summons (s.36). That officer or Court issues and serves it on receipt of the peon's fee (s.37). A person with bodily infirmity, a person in jail, or a person exempt by law from personal appearance in Court need not appear; the officer goes to them or issues a commission (s.38). The civil law on summonses, commissions and witnesses applies (s.39).
Section 36: when the appearance of a person is desired
"If any person presenting any document for registration or claiming under any document, which is capable of being so presented, desires the appearance of any person whose presence or testimony is necessary for the registration of such document, the registering officer may, in his discretion call upon such officer or Court as the directs in this behalf to issue a summons requiring him to appear at the registration office, either in person or by duly authorized agent, as in the summons may be mentioned, and at a time named therein."
Points to note:
- Who asks. A person presenting the document, or claiming under a document capable of being presented.
- What is asked. The appearance of a person "whose presence or testimony is necessary for the registration".
- Who decides. The registering officer, "in his discretion". The applicant cannot insist.
- Who issues the summons. Not the registering officer himself, but the officer or Court the State Government directs.
- What the summons can require. Appearance at the registration office, in person or by duly authorised agent, at a time named in it.
This is the tool for an executant who has signed elsewhere but will not come to confirm execution, or for a witness whose evidence is needed. It sits beside the enquiry in section 34 and the procedure on denial in section 35; see our articles on section 34 and section 35.
Section 37: issue and service
"The Officer or Court, upon receipt of the peons fee payable in such cases, shall issue the summons accordingly, and cause it to be served upon the person whose appearance is so required." The copy prints "peons fee" without the apostrophe. The amount is not in the Act, and any figure comes from State rules. The duty to issue and serve is mandatory ("shall") once the fee is received.
Section 38: persons exempt from appearance
Sub-section (1) lists three groups who "shall not be required so to appear" at the registration office:
- (a) a person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration office;
- (b) a person in jail under civil or criminal process; and
- (c) persons exempt by law from personal appearance in Court, who would otherwise be required to appear in person at the registration office.
The copy begins sub-section (1) with a lower-case "a", a minor printing slip. The wording matches the groups in the proviso to section 33(1), which exempts the same kinds of person from attending to execute a power-of-attorney; see our article on section 33.
Sub-section (2) puts the burden on the officer: "In the case of every such person the registering officer shall either himself go to the house of such person, or to the jail in which he is confined, and examine him or issue a commission for his examination." So an exempt person is not left without a route: the officer goes to the house or the jail, or issues a commission. The word "shall" applies, and the choice between going himself and issuing a commission is the officer's.
Compare section 31, under which the officer may attend at a residence on special cause shown; section 38 is a duty towards the three exempt groups, while section 31 is a discretion on cause shown. See our article on sections 29 to 31.
Section 39: the civil law applies
"The law in force for the time being as to summonses, commissions and compelling the attendance of witnesses, and for their remuneration in suits before civil Courts, shall, save as aforesaid and mutatis mutandis, apply to any summons or commission issued and any person summoned to appear under the provisions of this Act." So the Act does not set out a full code for summonses and commissions; it borrows the civil-court law "for the time being in force", with the necessary changes. We do not explain that other law; check the current law for the corresponding provision.
Quick table
| Section | Subject | Key point |
|---|---|---|
| 36 | Summons desired | Officer may in his discretion call on the officer or Court the State directs to issue the summons |
| 37 | Issue and service | On receipt of the peon's fee the officer or Court shall issue and serve |
| 38(1) | Exempt persons | Bodily infirmity; in jail; exempt by law from personal appearance in Court |
| 38(2) | Officer's duty | Go to the house or jail and examine, or issue a commission |
| 39 | Applicable law | Civil law on summonses, commissions and witnesses, mutatis mutandis |
A practical example
Hari has bought a house from Sumitra, who is bedridden. The deed is presented, but Sumitra cannot be brought to the office without serious inconvenience. Under section 38(1)(a) she is not required to appear. Under section 38(2) the registering officer shall either go to her house and examine her, or issue a commission for her examination. If, on the other hand, Hari wants a neighbour who witnessed the signing to confirm it, he may ask the officer to have a summons issued under section 36, subject to the officer's discretion and the payment of the fee under section 37.
Need help when an executant or witness cannot attend?
Getting an unwell, imprisoned or unwilling person to complete a registration needs planning. Our legal consultation service can look at your documents and suggest how to approach the officer. State amendments and rules on summons procedure, fees and later amendments should be checked.
Key takeaways
- The officer may, in his discretion, have a summons issued for a person whose presence or testimony is necessary for registration.
- The summons is issued by the officer or Court the State Government directs, on receipt of the peon's fee, and then served.
- Persons with bodily infirmity, persons in jail and persons exempt from appearing in Court need not appear.
- For such persons the officer shall go to the house or jail and examine them, or issue a commission.
- Civil law on summonses, commissions and witnesses applies with the necessary changes.
Read next
- Sections 42 to 46 of the Registration Act, 1908: deposit of will in sealed cover with the Registrar
- Section 35 of the Registration Act, 1908: admission and denial of execution
- Procedure of Registration at Sub-Registrar Office
- Registration with Power of Attorney -- Process
Disclaimer: Based on a print of the Registration Act, 1908 marked as last updated on 9 July 2020, as consulted on 2 October 2026. State amendments and rules, later amendments, registration fees and stamp duty are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.